HR Management & Compliance

FMLA Retaliation: Is Suspension with Back Pay an Adverse Employment Action?

By Steve Jones, JD, Jack Nelson Jones & Bryant, P.A 

The U.S. 8th Circuit Court of Appeals—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—recently considered a former employee’s Family and Medical Leave Act (FMLA) discrimination claims.

The employee believed the company gave her a negative informal evaluation and one unsatisfactory rating in retaliation for her use of FMLA leave and with the intention of making her quit. She also received three formal corrective actions that she claimed were retaliation for her use of FMLA leave. The most serious corrective action was an approximately 1-month suspension for unsatisfactory work performance.

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